I was given an undertaking that a) ITCRA would write a Case Study from my complaint, in lieu of informing me of their determinations and actions taken, and b) I would be sent a copy.
A year on, Dec 2013, I enquired after the Case Study. My guess from the delay is that it'd never been written, as promised in writing.
It was only in February this year, 2014, that I received that Case Study.
In a separate email I was informed that the Agent had been dismissed over this matter, presumably in late December 2012.
Links, PDF documents, downloadable:
ITCRA Complaint transmitted to Agency. Undated.
First notice to Agency of grievance sent to Agency. Undated. [I've incorrectly annotated with a 2011 date.]
ITCRA email to me advising Agent was fired over this. 12-Feb-2014.
ITCRA Case Study. Undated, received 12-Feb-2014.
12-Dec-2012. on ITCRA'a non-response.
Part 3 of the series on lodging a complaint.
Part 1 of the series, detailing events.
But on what grounds was he dismissed? These were never made clear to me.
This is important as both my Complaint and the formal Complaint transmitted to the Agency included multiple breaches of the Australian Consumer Law (ACL, previously TPA), which were cause for action by me against the Agent and the Agency.
That both ITCRA and hence the Agency were aware of these prima facé breaches of the ACL are spelled out clearly and unequivocally in this these words from the Case Study :
The QuestionThey (the Agency) ask whether they can be held liable for anything.
The AnswerYes.Does deliberately not informing me of their Determination, actions required against the Agent and by the Agency and withholding relevant information for a very long period amount, in itself, to a breach of the ACL, specifically unconscionable conduct by ITCRA and its various employees?
Were the ITRCA Board, Disciplinary Committee and CEO all obliged under the ACL, as to withhold pertinent information would be "misleading and deceptive", even unconscionable conduct, to inform me that their consideration of the facts, and backed by their action against a member and employee, was sufficient evidence for me to take action under the ACL for real damages, viz lost wages and damage to my reputation amongst all ITCRA members who became aware of my complaint?
The very determination against the Agent/Agency, based on the headline complaint, and its acceptance by them, would seem to be an unequivocal admission of guilt and responsibility of breaches of the ACL.
It took a very long time for ITCRA to recruit a Disciplinary Committee for this matter as so many Agencies had my CV on their books, either then or at some time. To ascertain this, all those Agencies had to be contacted and the reason given. The only question is how much detail of my complaint was passed around ITCRA members.
Does the denial of Natural Justice in the ITCRA 'complaints' process for members of the public against ITCRA members amount to a breach of any Act and grounds for action?
Does the extremely tardy and reluctant action of ITCRA and its officers, after offering undertakings to provide me with information about my complaint via an anonymised Case Study, amount to "misleading and deceptive" conduct under the ACL? Specific promises weren't just entered into, but volunteered by them.